{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-1161.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-1161.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-1161.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-1161.html"}],"law_id":61514,"edition_id":1,"section_id":61514,"structure_id":13332,"section_number":"51.1-1161","catch_line":"Cessation of disability benefits; service retirement","history":"2012, cc. 701, 823; 2025, c. 190.","full_text":"A\n\nDisability benefits shall cease to be paid to a participating employee upon the first to occur of the following:1\n\nThe end of the period of disability coverage as provided in subsection D of § 51.1-1155 or subsection D of § 51.1-1157;2\n\nThe date of death of the participating employee;3\n\nThe date that the participating employee attains normal retirement age; or4\n\nThe effective date of the participating full-time employee’s service retirement under the hybrid retirement program described in § 51.1-169 or, in the case of an eligible dispatcher, the effective date of the eligible dispatcher’s service retirement under any provision of this title.\n\t\t\t\tNotwithstanding the foregoing, an employee who is approved for disability benefits (i) at age 60 through 64 shall be eligible for five years of disability benefits, (ii) at age 65 through 68 shall be eligible for disability benefits to age 70, and (iii) at age 69 or older shall be eligible for disability benefits for one year. The eligibility periods include short-term disability and long-term disability.B\n\nA participating full-time employee receiving disability benefits who is a vested member of the retirement system, including the hybrid retirement program described in § 51.1-169, shall be eligible for service retirement under any provision of this title for which the employee is otherwise eligible. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of § 51.1-165 for which the employee is otherwise eligible.C\n\nThe average final compensation of any participating full-time employee taking a service retirement under any provision of this title shall be equal to his creditable compensation on the date of the commencement of the disability increased by an amount recommended by the program actuary and approved by the Board, from the date of the commencement of the disability to the date of retirement.D\n\nThe creditable service of a participating full-time employee taking service retirement pursuant to this section shall include periods during which the employee received disability benefits.","order_by":null,"text":{"0":{"id":224648,"text":"Disability benefits shall cease to be paid to a participating employee upon the first to occur of the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":224649,"text":"The end of the period of disability coverage as provided in subsection D of § 51.1-1155 or subsection D of § 51.1-1157;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":224650,"text":"The date of death of the participating employee;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":224651,"text":"The date that the participating employee attains normal retirement age; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":224652,"text":"The effective date of the participating full-time employee’s service retirement under the hybrid retirement program described in § 51.1-169 or, in the case of an eligible dispatcher, the effective date of the eligible dispatcher’s service retirement under any provision of this title.\n\t\t\t\tNotwithstanding the foregoing, an employee who is approved for disability benefits (i) at age 60 through 64 shall be eligible for five years of disability benefits, (ii) at age 65 through 68 shall be eligible for disability benefits to age 70, and (iii) at age 69 or older shall be eligible for disability benefits for one year. The eligibility periods include short-term disability and long-term disability.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":224653,"text":"A participating full-time employee receiving disability benefits who is a vested member of the retirement system, including the hybrid retirement program described in § 51.1-169, shall be eligible for service retirement under any provision of this title for which the employee is otherwise eligible. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of § 51.1-165 for which the employee is otherwise eligible.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":224654,"text":"The average final compensation of any participating full-time employee taking a service retirement under any provision of this title shall be equal to his creditable compensation on the date of the commencement of the disability increased by an amount recommended by the program actuary and approved by the Board, from the date of the commencement of the disability to the date of retirement.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":224655,"text":"The creditable service of a participating full-time employee taking service retirement pursuant to this section shall include periods during which the employee received disability benefits.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13332,"edition_id":1,"name":"Nonwork-Related Disability Benefits","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13331,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":235677,"object_type":"structure","relational_id":13332,"identifier":"2","token":"51.1\/11.1\/2","url":"\/51.1\/11.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13331,"edition_id":1,"name":"Disability Program for Hybrid Retirement Program Participants","identifier":"11.1","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":235657,"object_type":"structure","relational_id":13331,"identifier":"11.1","token":"51.1\/11.1","url":"\/51.1\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66882,"structure_id":13332,"section_number":"51.1-1154","catch_line":"Applicability of article","url":"\/51.1-1154\/","token":"51.1\/11.1\/2\/51.1-1154","metadata":false},{"id":57345,"structure_id":13332,"section_number":"51.1-1155","catch_line":"Short-term disability benefit","url":"\/51.1-1155\/","token":"51.1\/11.1\/2\/51.1-1155","metadata":false},{"id":54314,"structure_id":13332,"section_number":"51.1-1156","catch_line":"Successive periods of short-term disability","url":"\/51.1-1156\/","token":"51.1\/11.1\/2\/51.1-1156","metadata":false},{"id":76755,"structure_id":13332,"section_number":"51.1-1157","catch_line":"Long-term disability benefit","url":"\/51.1-1157\/","token":"51.1\/11.1\/2\/51.1-1157","metadata":false},{"id":63946,"structure_id":13332,"section_number":"51.1-1158","catch_line":"Successive periods of long-term disability","url":"\/51.1-1158\/","token":"51.1\/11.1\/2\/51.1-1158","metadata":false},{"id":55212,"structure_id":13332,"section_number":"51.1-1159","catch_line":"Adjustments to disability benefits","url":"\/51.1-1159\/","token":"51.1\/11.1\/2\/51.1-1159","metadata":false},{"id":68013,"structure_id":13332,"section_number":"51.1-1160","catch_line":"Rehabilitation incentive","url":"\/51.1-1160\/","token":"51.1\/11.1\/2\/51.1-1160","metadata":false},{"id":61514,"structure_id":13332,"section_number":"51.1-1161","catch_line":"Cessation of disability benefits; service retirement","url":"\/51.1-1161\/","token":"51.1\/11.1\/2\/51.1-1161","metadata":false}],"previous_section":{"id":68013,"structure_id":13332,"section_number":"51.1-1160","catch_line":"Rehabilitation incentive","url":"\/51.1-1160\/","token":"51.1\/11.1\/2\/51.1-1160","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-1161\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 701<\/a> and 823<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2025, chapter 190<\/a>.<\/p>","references":[{"id":83485,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","order_by":null,"url":"\/51.1-166\/"}],"refers_to":[{"id":57345,"section_number":"51.1-1155","catch_line":"Short-term disability benefit","order_by":null,"url":"\/51.1-1155\/"},{"id":76755,"section_number":"51.1-1157","catch_line":"Long-term disability benefit","order_by":null,"url":"\/51.1-1157\/"},{"id":71831,"section_number":"51.1-165","catch_line":"Optional benefits","order_by":null,"url":"\/51.1-165\/"},{"id":83100,"section_number":"51.1-169","catch_line":"Hybrid retirement program","order_by":null,"url":"\/51.1-169\/"}],"permalink":{"id":235707,"object_type":"law","relational_id":61514,"identifier":"51.1-1161","token":"51.1\/11.1\/2\/51.1-1161","url":"\/51.1-1161\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-1161\/","token":"51.1\/11.1\/2\/51.1-1161","dublin_core":{"Title":"Cessation of disability benefits; service retirement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-1161","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Disability benefits<\/span> shall cease to be paid to a participating employee<\/span> upon the first to occur of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The end of the period of disability coverage as provided in subsection D of § 51.1-1155<\/a> or subsection D of § 51.1-1157<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The date of death of the participating employee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The date that the participating employee<\/span> attains normal retirement age; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The effective date of the participating full-time employee’s service<\/span> retirement under the hybrid retirement program<\/span> described in § 51.1-169<\/a> or, in the case of an eligible dispatcher<\/span>, the effective date of the eligible dispatcher<\/span>’s service<\/span> retirement under any provision of this title.\n\t\t\t\tNotwithstanding the foregoing, an employee who is approved for disability benefits<\/span> (i) at age 60 through 64 shall be eligible for five years of disability benefits<\/span>, (ii) at age 65 through 68 shall be eligible for disability benefits<\/span> to age 70, and (iii) at age 69 or older shall be eligible for disability benefits<\/span> for one year. The eligibility periods include short-term disability and long-term disability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A participating full-time employee receiving disability benefits<\/span> who is a vested member of the retirement system, including the hybrid retirement program<\/span> described in § 51.1-169<\/a>, shall be eligible for service<\/span> retirement under any provision of this title for which the employee is otherwise eligible. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of § 51.1-165<\/a> for which the employee is otherwise eligible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The average final compensation of any participating full-time employee taking a service<\/span> retirement under any provision of this title shall be equal to his creditable compensation on the date of the commencement of the disability increased by an amount recommended by the program<\/span> actuary and approved by the Board, from the date of the commencement of the disability to the date of retirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The creditable service<\/span> of a participating full-time employee taking service<\/span> retirement pursuant to this section shall include periods during which the employee received disability benefits<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCESSATION OF DISABILITY BENEFITS; SERVICE RETIREMENT (\u00a7 51.1-1161)\n\nA. Disability benefits shall cease to be paid to a participating employee upon\nthe first to occur of the following:\n\n 1. The end of the period of disability coverage as provided in subsection D of\n § 51.1-1155 or subsection D of § 51.1-1157;\n\n 2. The date of death of the participating employee;\n\n 3. The date that the participating employee attains normal retirement age; or\n\n 4. The effective date of the participating full-time employee’s service\n retirement under the hybrid retirement program described in § 51.1-169\n or, in the case of an eligible dispatcher, the effective date of the eligible\n dispatcher’s service retirement under any provision of this title.\n \t\t\t\tNotwithstanding the foregoing, an employee who is approved for disability\n benefits (i) at age 60 through 64 shall be eligible for five years of\n disability benefits, (ii) at age 65 through 68 shall be eligible for\n disability benefits to age 70, and (iii) at age 69 or older shall be eligible\n for disability benefits for one year. The eligibility periods include\n short-term disability and long-term disability.\n\nB. A participating full-time employee receiving disability benefits who is a\nvested member of the retirement system, including the hybrid retirement program\ndescribed in § 51.1-169, shall be eligible for service retirement under any\nprovision of this title for which the employee is otherwise eligible. Such\nemployee shall be authorized to elect any option for the payment of his\nretirement allowance provided under subsection A of § 51.1-165 for which\nthe employee is otherwise eligible.\n\nC. The average final compensation of any participating full-time employee taking\na service retirement under any provision of this title shall be equal to his\ncreditable compensation on the date of the commencement of the disability\nincreased by an amount recommended by the program actuary and approved by the\nBoard, from the date of the commencement of the disability to the date of\nretirement.\n\nD. The creditable service of a participating full-time employee taking service\nretirement pursuant to this section shall include periods during which the\nemployee received disability benefits.\n\nHISTORY: 2012, cc. 701, 823; 2025, c. 190.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}